Williams v. StateAnnotate this Case
The Supreme Court vacated Defendant's sentence of consecutive prison terms totaling forty-nine years in connection with his conviction of two counts of child molesting, holding that Defendant did not waive his right to be physically present at sentencing.
Following his conviction, Defendant became sick and could not be transported to the courthouse for sentencing. Defendant's original sentencing hearing was continued to a new date, but before the new sentencing date, Defendant was hospitalized for a leg amputation. On the day of the sentencing hearing, the trial court, court reporter, prosecutor, and defense counsel traveled to the hospital and concluded that Defendant waived his right to be present at the hearing. The trial court proceeded to sentence Defendant. The Supreme Court vacated the sentence and remanded for a new sentencing hearing, holding that, under these circumstances, this Court could not condone a sentencing hearing at a hospital.